Provisional licence disqualification

If you breach a condition or accumulate four or more demerit points on your provisional licence you will be disqualified for:

• six months for a first-time disqualification,
• 12 months if you have previously been disqualified while on a provisional licence, successfully appealed a provisional licence disqualification or previously elected a Safer Driver Agreement within the past five years.

Any licence you hold will be cancelled when the disqualification commences.

Once you are eligible to reapply for your licence, you will be reissued a P1 licence for a period of three years if the original offence was committed on a P1 licence, or a P2 licence for two years if the original offence was committed on a P2 licence.

Safer driver agreement

For a first time disqualification due to accumulating 4 or more demerit points or breaching a condition on your provisional licence, you may be offered the option of entering into a Safer Driving Agreement to continue driving.

You must personally apply for a Safer Driver Agreement:

• within 28 days of the date of issue on the notice
• at a Service SA centre or Australia Post outlet
• by paying the fee.

Failure to apply for the safer driver agreement within 28 days will result in the disqualification taking effect (provided the notice has been acknowledged).

Once the Safer Driver Agreement is accepted, surrender your current licence and you will be issued with a new provisional P1 or P2 licence. You will be reissued a P1 licence for a period of three years if the original offence was committed on a P1 licence, or a P2 for two years if the original offence was committed on a P2 licence.

If you incur four or more demerit points while on a Safer Driver Agreement you will be disqualified from driving for twelve months with no right of appeal. You will not be eligible to apply for another Safer Driver Agreement for five years.

Appeal to the Magistrates Court

If you were not eligible for a Safer Driver Agreement, you may be eligible to lodge an appeal against the disqualification to the Magistrates Court on the basis of 'severe and unusual hardship'. Your previous driving history will be considered as part of the appeal.

If you have previously successfully appealed a provisional licence disqualification or previously elected a Safer Driver Agreement within the previous five years, you will not be eligible to appeal.

If you are eligible and choose to appeal your disqualification to the Magistrates Court, you must first acknowledge receipt of your disqualification notice at a Service SA centre or an Australia Post outlet. You must then make application at the Magistrates Court nearest to where you live. A fee is payable to the Court for the appeal.

If your appeal is successful, attend a Service SA centre to surrender your current licence and be issued with a new provisional P1 or P2 licence. You will be reissued a P1 licence for a period of three years if the original offence was committed on a P1 licence, or a P2 for two years if the original offence was committed on a P2 licence.